Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88440778 LITHOME(Standard Characters, see http://uspto.report/TM/88440778/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Fairy lights for festive decoration; Lamps; Lamps for festive decoration; Lighted party-themed decorations, electric light decorative strings; Lights, electric, for Christmas trees; String lights for festive decoration; Battery-operated night lights; Electric night lights; LED lamps
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/20/2018 and first used in commerce at least as early as 03/20/2018 , and is now in use in such commerce.

Proposed: Class 011 for Fairy lights for festive decoration; Lamps; Lamps for festive decoration; Lighted party-themed decorations, electric light decorative strings; Lights, electric, for Christmas trees; String lights for festive decoration; Battery-operated night lights; Electric night lights; LED lamps
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/20/2018 and first used in commerce at least as early as 03/20/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of (1)The selected specimens are the goods we actually sell online, real photo, page capture and sales data. (2) The signatory of the initial filing of this application personally reviewed the initial filing of this application, and applicant reviewed all data and all specimens before submitted (3)The image of samples we submitted are the same as those actually sold,not just to review the trademark. (4)We just retail goods online,this is the link: http://www.alibaba.com/product-detail/LitHome-Fairy-Lights-for-Home-Bedroom_62453921593.html spm=a2756.order-detail-ta-bn-s.0.0.427d2fc2MoBQJG http://www.alibaba.com/product-detail/LitHome-Lamp-with-Holder-Base-Decorative_62454885813.html spm=a2756.order-detail-ta-bn-s.0.0.2ee12fc2KXsNPo (5) Our products have been used its proposed mark continuously in commerce regulated by the U.S. Congress since the application filing date. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Original PDF file:
SPU0-1-13916210557-20200206033039477985_._LitHome.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant hereby appoints Jonathan G. Morton. Jonathan G. Morton, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      502, building B, Hongwan Business Center
      Gushu Community, Bao'an, TEL:18970305578
      Shenzhen, Guangdong, 518126
      China
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is +1-305-764-9179.

The email address is jmlawchina@gmail.com

Jonathan G. Morton submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: LIU GUILIN. LIU GUILIN, is located at

      BAOSHANHU VILLAGE, WANGLING, YOUXIAN
      HUNAN, 412307
      CN

The phone number is +86-18815218404.

The email address is allenli21@sina.com

The applicants proposed correspondence information: Jonathan G. Morton. Jonathan G. Morton, is located at

      502, building B, Hongwan Business Center
      Gushu Community, Bao'an, TEL:18970305578
      Shenzhen, Guangdong, 518126
      China

The phone number is +86-18970305578.

The email address is hansome_ipr@yeah.net; jmlawchina@gmail.com; zhangariel69@gmail.com; 873612016@qq.com

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Jonathan G. Morton/      Date: 02/06/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York Bar member.
Signatory's Phone Number: 305-764-9179


Response Signature
Signature: /Jonathan G. Morton/     Date: 02/06/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York Bar member.

Signatory's Phone Number: 305-764-9179

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    LIU GUILIN
   
   
   BAOSHANHU VILLAGE, WANGLING, YOUXIAN
   HUNAN, 412307
Mailing Address:    Jonathan G. Morton
   502, building B, Hongwan Business Center
   Gushu Community, Bao'an, TEL:18970305578
   Shenzhen, Guangdong, 518126
        
Serial Number: 88440778
Internet Transmission Date: Thu Feb 06 07:10:33 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200206071033
316994-88440778-700586a6370e2df6b9bb4647
d5f198d774d29abdfeb20a12eac46ec77708e2f8
216-N/A-N/A-20200206063951597175